HBA-ALS H.B. 601 76(R) BILL ANALYSIS
Office of House Bill AnalysisH.B. 601
By: Hochberg
State Affairs
2/15/1999
Introduced
BACKGROUND AND PURPOSE
During the period from 1963 to 1990, the United State Supreme Court held
that the government must show a compelling state interest for infringing on
an individual's right to the free exercise of religion. In 1990, the
Supreme Court replaced the compelling state interest test with a rational
basis test in Employment Division v. Smith. In response, the United
States Congress restored the compelling state interest test by passing the
Religious Freedom Restoration Act (RFRA). However, in City of Boerne v.
Flores, the Court held RFRA to be unconstitutional because it exceeded
Congressional authority as applied to the states.
Currently, there is no state law specifically prohibiting a government
agency (agency) from substantially burdening a person's free exercise of
religion. H.B. 601 prohibits an agency from substantially burdening an
individual's free exercise of religion unless the agency demonstrates that
the burden is in furtherance of a compelling governmental interest and is
the least restrictive means of furthering that interest. Under H.B. 601,
an agency that demonstrates a compelling state interest is not required to
separately prove that the exercise of governmental authority imposing the
burden is the least restrictive means to ensure compliance or to punish the
failure to comply. H.B. 601 allows a person whose free exercise of
religion has been substantially burdened to assert the violation as a
defense in a judicial or administrative proceeding regardless of whether
that person is named in the proceeding. H.B. 601 provides for certain
civil remedies for agency violations, and waives sovereign immunity to suit
and from liability under this chapter, thereby allowing a claimant to sue
an agency for damages. H.B. 601 does not authorize an agency to burden a
person's free exercise of religion and does not affect the protections
provided under federal law, the Texas or United States Constitutions, or
the grant or denial of an appropriation or grant of money or support to a
religious organization.
RULEMAKING AUTHORITY
It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Title 5, Civil Practice and Remedies Code, by adding
Chapter 110, as follows:
CHAPTER 110. RELIGIOUS FREEDOM
Sec.110.001. DEFINITIONS. Defines "free exercise of religion" and
"government agency."
Sec. 110.002. APPLICATION. Provides that this chapter applies to any
ordinance, rule, order, decision, practice, or other exercise of
governmental authority; to a government agency's exercise of governmental
authority by granting or refusing to grant a government benefit to an
individual; and to each law of this state unless the law is exempt by
expressly referring to this chapter.
Sec. 110.003. RELIGIOUS FREEDOM PROTECTED. Prohibits a government agency
from substantially burdening a person's free exercise of religion. Provides
that Subsection (a) is not applicable if the government agency
demonstrates that the burden to the person is in furtherance of a
compelling state interest and is the least restrictive means of furthering
that interest. Provides that a government agency meeting those
requirements is not required to separately prove that the remedy and
penalty provisions of the law, ordinance, rule, order, decision, practice,
or other exercise of governmental authority imposing the substantial burden
is the least restrictive means of ensuring compliance or punishing
noncompliance.
Sec. 110.004. DEFENSE. Authorizes a person, whose free exercise of
religion has been substantially burdened in violation of Section 110.003,
to assert that violation as a defense in a judicial or administrative
proceeding regardless of whether the proceeding is brought by the state or
by a person.
Sec. 110.005. REMEDIES. Authorizes a court, in a civil action, to
provide declaratory relief under Chapter 37 (Declaratory Judgments), enjoin
an government agency from a threatened or continued violation, and award
damages to an injured claimant if the court finds that the government
agency has violated or is threatening to violate this chapter. Provides
that the application of Chapter 14 (Inmate Litigation) of this code,
Section 498.0045 (Forfeiture of Good Conduct Time: Frivolous Lawsuits), or
501.008 (Inmate Grievance System), Government Code, is not affected by this
chapter.
Sec. 110.006. SOVEREIGN IMMUNITY WAIVED. Provides that sovereign
immunity to suit and from liability created under Section 110.005 is
waived and abolished. Authorizes a claimant to sue a government agency for
damages allowed by Section 110.005.
Sec. 110.007. EFFECT ON RIGHTS. Provides that a government agency is not
authorized by this chapter to burden a person's free exercise of religion.
Provides that the protection of religious freedom under this chapter is in
addition to the protections under federal law and the constitutions of this
state and the United States. Prohibits construing this chapter to affect
or interpret Section 4 (Religious Tests), 5 (Witnesses not disqualified by
Religious Beliefs; Oaths and Affirmations), or 6 (Freedom of Worship),
Article I, Texas Constitution.
Sec. 110.008. GRANT TO RELIGIOUS ORGANIZATION NOT AFFECTED. Provides
that the grant or denial of an appropriation, grant of money, or support to
a religious organization is not affected by this chapter.
SECTION 2. Makes application of this Act retroactive. Creates an
exception which prohibits a court from awarding damages to a claimant who
has been injured by a violation of Chapter 110, Civil Practice and Remedies
Code (State Liability for Indemnification of Certain Health Care), as added
by this Act, if the damages are incurred before January 1, 2000.
SECTION 3. Emergency clause.
Effective date: upon passage.